Affordable Housing Residents Near Portland ICE Building Seek Limits on Federal Tear Gas Use

Tenants file lawsuit against federal government over repeated exposure to chemical munitions during protests

Published on Feb. 14, 2026

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Residents of an affordable housing complex in Portland, Oregon, have filed a lawsuit against the federal government, seeking to limit the use of tear gas and other chemical munitions by federal agents outside the nearby U.S. Immigration and Customs Enforcement (ICE) building. The tenants, including many elderly and disabled individuals, say they have experienced respiratory issues, contamination of their homes, and confinement due to the repeated deployment of these crowd-control devices during protests at the ICE facility.

Why it matters

The case highlights the impact of aggressive federal law enforcement tactics on vulnerable community members who are not directly involved in the protests. It also raises questions about the balance between public safety, the right to protest, and the rights of residents to live peacefully in their homes without exposure to chemical agents.

The details

The lawsuit was filed by the property manager and several tenants of the Gray's Landing affordable housing complex, which is located across the street from the Portland ICE building. The residents argue that the use of tear gas and other munitions by federal agents has violated their constitutional rights to life, liberty, and property. Many tenants have resorted to wearing gas masks in their own homes, taping windows, and having children sleep in closets to avoid exposure to the chemicals.

  • The lawsuit was filed in December 2025.
  • The hearing on the case took place on February 13, 2026.

The players

Gray's Landing Apartment Complex

An affordable housing complex located across the street from the Portland ICE building, home to many elderly and disabled residents.

Daniel Jacobson

An attorney representing the plaintiffs in the lawsuit against the federal government.

Samuel Holt

An attorney representing the federal government, including ICE and the Department of Homeland Security, in the lawsuit.

ACLU of Oregon

The organization that filed a separate lawsuit on behalf of protesters and freelance journalists, resulting in a temporary restraining order on federal agents' use of tear gas.

President Donald Trump

The former president whose administration spearheaded the immigration enforcement surge that has led to increased protests at the Portland ICE building.

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What they’re saying

“They're simply trying to live their lives in peace in their homes, yet our federal government is knowingly putting them through hell, and for no good reason at all.”

— Daniel Jacobson, Attorney representing the plaintiffs (wral.com)

“The conduct at issue, law enforcement's use of crowd control tactics to disperse unlawful crowds, does not even come close to shocking the conscience.”

— Samuel Holt, Attorney for the federal government (wral.com)

“I have a gas mask in my bedroom. I have one in my living room. And I have one in my backpack. I've slept with it on.”

— A plaintiff using a pseudonym, Resident of Gray's Landing (wral.com)

What’s next

The judge in the case will decide whether to grant the plaintiffs' request for a preliminary injunction to limit federal agents' use of tear gas and other chemical munitions near the Gray's Landing apartment complex.

The takeaway

This case highlights the unintended consequences of aggressive federal law enforcement tactics, which can have a disproportionate impact on vulnerable community members not directly involved in the protests. It raises important questions about balancing public safety, the right to protest, and the rights of residents to live peacefully in their homes.